Our Private Client team are specialist probate solicitors, who will offer an economic, personal and compassionate service to our clients.
Probate is the generic term used to describe the administration of estates. In practical terms, probate is the legal process of obtaining authorisation from the courts to deal with the affairs of a deceased person either in accordance with the terms of that person’s Will, or in accordance with the terms of the intestacy laws.
The probate process has two principal objectives in mind:
- Ensure that the correct people deal with the estate and that it ends up in the hands of the right people.
- Satisfy the requirements of HM Revenue and Customs in relation to the finalisation of the person’s tax affairs to the date of their death and in relation to any liability for Inheritance Tax arising as a result.
In most instances, the process of ensuring that the right people deal with the estate is fairly straightforward and non-controversial. However, occasionally disputes arise and it may be necessary to go to court. We do not touch on this aspect of the process but we do have specialists who deal with these sorts of inheritance disputes.
Finalising someone’s tax affairs to the date of their death will inevitably depend upon the complexity of that person’s tax affairs. Sometimes the revenue deals with this as an automatic process, but in other cases it is necessary to submit a tax return. Inheritance Tax however is much more complicated. If an estate exceeds the threshold for Inheritance Tax it is extremely wise to think about engaging professional assistance.
Once the revenue and the courts are satisfied, the next step is the process of administering the estate. This may require assets to be sold or transferred to beneficiaries.
Inheritance tax issues
Depending upon the complexity of somebody’s affairs, there may or may not be need for legal input. Where things are more complicated and particularly if there is a potential liability to Inheritance Tax, it is generally necessary to get professional assistance with what is called The Probate Procedure.
Do you have an inheritance or probate dispute?
Are you experiencing a probate or inheritance dispute? We can advise you on all types of disputes relating to wills, trusts and probate.
Whether you are an individual beneficiary, a trustee, an executor or an administrator, whether you are a claimant or defendant, we have experience in acting for you.
Perhaps you feel you may have a claim because you have not been included in a will or not sufficiently enough
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Herrington Carmichael LLP advises high net worth clients, many of whom have long-term relationships with the firm, on probate, estate planning, and later life matters. Practice head Anthony Tahourdin is highly experienced in this area. The team also handles contentious work related to wills and trusts; Frankie Tierney is a key contact.
We are required by the Solicitors Regulation Authority to publish certain pricing information. Please contact us for an accurate fee proposal based on your particular facts and circumstances.
Latest news & insights
Highlighting the importance of making a Will and the benefits of Estate Planning to ensure your children’s future and wellbeing is protected.
The strict legal answer is that under the Non-Contentious Probate Rules all Wills must be open to inspection after probate is granted.
In the last two years we have seen a deterioration in the service offered by both HMRC Inheritance Tax and the Probate Registry.
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We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2022 by Legal 500 and Alistair McArthur is ranked in Chambers 2021.